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Bombay High CourtWP/1466/2018disposed off

Umidali Jairazbhoy S/O. Late Sultanali Jairazbhoy v. The Collector Mumbai City And ANR.

2018-06-18Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1466 OF 2018 Umidali Jairazbhoy s/o.

Late Sultanali Jairazbbhoy ..Petitioner.

V/s.

The Collector, Mumbai City & Anr.

..Respondents.

Dr.Virendra Tulzapurkar, Senior Advocate with Mr.Sanjay V.Kadam, Ms.Apeksha Sharma, Mr.Sanjeel Kadam, Ms.Sayli Rajpurkar i/b. Kadam & Co., Advocates for the petitioner.

Mr.Milind More, AGP for the respondent-State. CORAM: SHANTANU KEMKAR AND NITIN W.SAMBRE, JJ.

DATE : JUNE 18, 2018 P.C.:- This petition filed under 226 of the Constitution of India seeks directions to the Competent Authority of the respondents to update the Survey Register No.317A of City Survey No.4/701 of Malabar Hill and Cumballa Hill Division, situated at Bhulabhai Desai Road, Mumbai by bringing the consent decree dated February 1, 1979 which is registered under No.1061/1979 on the record and entering the petitioner's name as the beneficial owner of the said property in column No.10 of the Survey Register.

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According to the learned senior counsel for the petitioner, in similar circumstances, orders have been passed by this Court directing this Court to consider the prayers as aforesaid. 3.

Having considered the submissions of the learned senior counsel for the petitioner and the learned AGP, we dispose of this petition by directing the Competent Authority of the respondents to examine the petitioner's request and take the decision on the petitioner's representation / prayer in accordance with law, as expeditiously as possible, but not later than four weeks after the receipt of copy of this order. The documents filed in this petition be also taken into consideration by the Competent Authority while deciding the matter. The petitioner may also file a fresh representation.k 4.

With the aforesaid directions, the petition stands disposed of.

(NITIN W.SAMBRE, J.) (SHANTANU KEMKAR, J.)